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Signalstar said:
Lauster said:

Two Worlds II had a GOTY edition (Velvet GOTY Edition) on october 18 2011 without having any GOTY award


Which is the calendar year after the original realease in Europe. Per wikipedia:

"

Game of the Year Edition

On July 15, 2011, it was announced that the game would be receiving a "Velvet GOTY Edition" set for release October 18 later that year. This announcement has raised some questions among gaming publications, as it has been reported that Two Worlds II has not been named "Game of the Year" by any major media outlets.[8] The PC version was released on October 18, the Xbox 360 version was released on November 2 and the PlayStation 3 version followed on December 9.[9]


https://en.wikipedia.org/wiki/Two_Worlds_II#Game_of_the_Year_Edition

And ? Nevertheless, this version has been released, and I don't think Topware had been sued for this.
GOTY edition is just a marketing term for a game with all theirs DLC as Wright said.
For BB, I won't be surprised if a review in vg press has already stated (in the enthusiasm) that it is "the game of the year".